The plea filed by a retired ICAR scientist (petitioner) belonging to the Scheduled Caste Pulaya, said that the Kerala High Court currently does not have any judge from Scheduled Caste or other marginalised communities.
Despite the existence of 40 positions for judges in the High Court of Kerala, not a single judge is from a Scheduled Caste or other similarly deprived communities such as Latin Catholics, it was contended. The petitioner argued that this lack of representation negates the equality of opportunity guaranteed by the Constitution.
The petitioner argued that this was fundamentally opposed to the principle of social justice.
“The mandate of Articles 38, 46 and 335 of the Constitution of India are required to be observed and mandated in appointment of Judges to the High Court of Kerala,” the plea stated.
The petitioner added that a representation on this issue was submitted earlier by an organization of backward classes but there was no response.
Therefore, the petitioner sought the High Court’s interference by issuing appropriate directions to the Union of India and relevant authorities to ensure compliance with the principles of social justice in making appointments to Kerala High Court from marginalised communities.